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Banks face legal action if they refuse to resume lending amid dire warnings of a mortgage drought that will bring further misery to homeowners.
The Times has learnt that legal curbs will be imposed on banks if they fail to abide by a new code of practice on lending. They will also be compelled to open their books to the Government so that their lending can be monitored. The move is being considered to alleviate a squeeze on lending that is starving businesses and consumers of credit.
Sir James Crosby, a former chief executive of HBOS, told ministers that for the first time since records began, banks and building societies are likely to take in more in mortgage repayments next year than they give out in new loans. Such negative net lending could push house prices into a new “self-feeding” downward phase, he said.
Amid growing impatience at the failure of the banks to provide sufficient lending Mervyn King, the Governor of the Bank of England, told MPs on the Treasury Select Committee that getting normal credit levels restored was the most important issue in recovering from the slump. Britain would go into a “steep recession” if there was no thaw in lending, both to individuals and businesses.
“I am in no doubt that the single most pressing challenge to domestic economic policy is to get the banking system to get lending in any normal sense. That is more important than anything else at present,” Mr King said.
Like Downing Street last week, Mr King also held the threat of wholesale nationalisation over the banks, although no plans are under active consideration at the moment.
A new lending panel chaired by Alistair Darling, the Chancellor, and Lord Mandelson, the Business Secretary, has been established to monitor lending to business and households so that the Government can judge the apparent contradiction in claims from banking chiefs that normal lending is beginning to resume, and experience at branch level, where companies are being hit with new charges.
The Financial Services Authority has also told the banks that it is prepared to be flexible about the tough lending limits set out when they were recapitalised – a point reinforced by Mr King.
Lord Mandelson is to insist on the banks signing up to a new code of good lending practice. The current plan is for it to be voluntary but The Times has been told that if the banks do not improve their performance it could become a legal regulation to be policed by the FSA.
Asked to rule out the possibility that the Government might be forced to resort to wholesale nationalisation of the banking system, Mr King refused to do so. “It would be a very serious error to rule out measures that may ultimately prove necessary,” he said.
Mr King admitted that despite the £37 billion recapitalisation of the banking system already put in place by the Government, yet more taxpayers’ money may have to be injected into the banks to strengthen their finances and allow them to resume more normal lending. “We may not have come to the end of the recapitalisation process,” the Governor said.
“The banks may need more capital, in which case it should be considered. We have seen that happen in the United States. If we need to inject more capital we will take further measures. We must not shy away from that.”
Sir James’s warning came amid new figures showing that mortgage lending remained becalmed. In October mortgage approvals for home purchases more than halved compared with a year earlier, falling to within a whisker of the record low posted in August, according to the British Bankers’ Association.
House prices have fallen by 15 per cent from their peak in October 2007, according to Nationwide Building Society, with little if any sign of a bottoming-out.
Sir James said: “The real risk . . . is that the shortage in mortgage finance feeds on itself and causes the housing market to overshoot on the down-side.” That would have serious consequences across the housing market and across all dependent industries.
The comments came in Sir James’s report on improving mortgage finance, in which he recommended that the Government guarantee £100 billion of future mortgage-backed securities issued by lenders as the best way of kick-starting the mortgage market.
Sir James said that housebuilders in particular were being severely hit, with capacity already shrunk by 40 to 50 per cent. Shares in Taylor Wimpey, a leading housebuilder, collapsed further yesterday on growing fears that it might struggle to negotiate fresh financing.
Under the Crosby proposals, government guarantees would be auctioned to the highest bank bidder. Banks would use the guarantees to gold-plate their issues of mortgage-backed securities, making them much more attractive to investors. Demand for these securities has evaporated, turning off key funding for banks.
Mr King was sceptical about the Crosby plan. “I am all in favour of finding ways of encouraging a sustainable rate of mortgage lending but I am not entirely clear that the best way to do this [boost lending] is to resurrect an instrument that for very good reaons has fallen out of favour,” he said.

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Britain went through the whole of the Great Depression without a single bank failure. This recession has scarcely started and already the whole financial system is on the rocks. Your problems have only just begun. Welcome to the new Argentina.
Christopher Holland, Canberra, Australia
It is simple stop giving the Banks money and see how they like it.
Ben, osaka,
There is one stark choice left for our banks and it's completely at odds with itself - lend fast and furiously - or watch the collapse of banking in this country as we've known it. The game is up, or is it?
Could it possibly be a pivotal point whereby we finally break free from financial tirany
David Downes, Chester, UK
Mandleson speaks a good line but is in denial. This is simple economics the banks used £700 billion from wholesale markets and the Bof E offers £500 billionin support . Until the shortfall is made up forget the banks lifting a finger it just wont happen
Robert D Marshall, LONDON, UK
Well, Lordy, Lordy - you can always spot the Labour peer , can't you !
Dribble running down the chin, drivel coming out the mouth and a void between the ears !
Better get out while you can comrades !
OZ, Perth, Australia
How about Mr Mandelson forcing the government to release the £550 million pounds of depositors money which has been frozen in Kaupthing Singer and Friedlander bank in the UK. This money belong to depositors in KSF Isle of Man. If it were the labour parties funds involved it would be handed back.
Peter, Stockholm, Sweden
Labour's answer is more subprime lending. What a great idea! We can just keep spending more and more on borrowed money and the recession will go away.
Peter, London,
There has never been a more reckless or oppressive government in the history of British democracy. There must *never* be a Labour government again, come what may.
James E. Petts, Burnham, England
do they not understand that forcing the banks to lend (through their and greenspans injections of liquidity) is what caused the credit crunch in the first place? insanity is doing the same things over and over and expecting different results!
will, grimsby, uk
Nationalisation, mass CCTV and monitoring, an ID card system, state micromanagement of education, families and thoughts (was that un PC?) Banks cant give what they dont have if they do they'll just need more aid. Maybe thats what Comrade Mandleson wants? Another bailout means more state control.
Myles Bailey, London, United Kingdom
Your government is lost and desperate. The situation seems so clear from further afield. More Debt does not solve Debt problems, ever. For those of you who have been prudent, stay your course, do not be tempted down this path of financial folly. It will get worse until Gordon Brown is removed.
Ian, Singapore,
Hang on, Mandelson wants to respond to a crisis precipitated by US government mandating nonviable loans by forcing banks to make loans they would rather not? Here we go again ...
Faustino, Brisbane (ex-pat), Australia
Let us not be under any illusion! Banks and the banking fraternity will need to be dragged kicking and screaming into accepting a role of social responsibility. Banks will not demonstrate good faith and have a sense of cooperation without being "prodded" every step of the way.
Gillian, Lausanne, Switzerland
The nation would do well to remember that it was Clinton's fiddling with the banking system and forcing banks to make no-down payment loans to those with bad or no credit histories that started the entire financial meltdown. Just what is Mandelson's expertise and training in the field of banking?
Bob Evans, Lowestoft, Suffolk, Back home in Blighty
why would banks lend to businesses without credit insurance - surely this is the elephant in the room
Andy Jobs, Liverpool, UK
How can banks re-capitalise if they don't receive less than they give out? - Please let labour call an early election before we have to call in the IMF to bail us out.
Jim, London,
I am instinctively against this sort of thing, but the banks, by their apalling behaviour, will get their just desserts with the serpentine Prince of Darkness leaning over their shoulders - rather them than me; I'd have my back firmly up against the wall!
alex, forres, uk
Spot on sophie smith
took the words right out of my mouth.
David, Bristol,
If banks see a good proposition - and they have the money - they will lend, at a sensible commercial rate. 'Forcing' them to lend under any other circumstances means they will end up with a poor quality loan book, the very thing which caused these problems in the first place.
john, oxford, england
I must agree with Chris, Cambridge.
Why is Mandleson stil credible?
Where will it all end?
Graham, Littlehampton,
If the banks wont do it then it shouldn't be beyond the capablity of the government to provide mortgage finance directly through the New-Builders so that they can offer a turnkey package to would - be new-build purchasers. In time that could be extended to trade-ins as well.
john, juffar, bahrain
It is plainly obvious that the country is runned by people who do not care about it. Ulterior motives are behind every decision for either personal gain or party gain.
Join the Euro, throw out the Americans and find an Englishman to run this country.
John Smith, London, UK
Darers go first Lord Mandy !
ian payne, walsall,
George, London. The taxpayers has already lent or guaranteed loans of £500 Billion to the banks. And for those talking about 100% plus mortgages, the government isn't suggesting this. The banks aren't lending money to anybody, for anything, forcing businesses out of business.
David Leslie, Perth, Scotland
Why not 'force' banks to refund the penalty payments extracted from accounts that were overdrawn - Oh, that's right the only people affected were those on low incomes.
Wendy, London,
Resistance is futile, oh and by the way Mr Banker, give the Zanulab party coffers a boost whilst you're at it.
Rob Bain, Derby,
Tony Blair got out just in time, didn't he? Of course, it's all nothing to do with him. He had a 'brilliant' chancellor, you see, who strangely did nothing to stop houses being used for speculation, depriving first time buyers with a real need. 'Equity' release bought people Ranger Rovers.....
Ross Grafton, Horsham, UK
Why should the banks listen to Lord (of the unelected) Mandelson ? It's like some kind of sick joke,but the only one who is laughing is Mandelson himself !
Philip, Braintree,
Banks exist under Government license. Best withdraw it; put the banks into liquidation and for Government to buy for £1 and save depositors. Bank staff can stay on with cut in wages
and banks can be run on non profit basis. Credit card interest should be 10% max and loans made only against deposits
john bentley, Loule, Portugal
What is responsible lending? 125% or 100% mortgages?
But that led to spiralling house prices.
Wake up Mandelson! The country is mired in debt! The spending spree was funded by equity release! That has been spent! Unless banks lend 100% mortgages again most people couldn't afford a garden shed!
sophie smith, london, uk
Great - so the banks will be 'encouraged' - forced if 'necessary' to make loans that they would not normally make for business reasons - that'll help restore confidence won't it!
I would get out while you still can - I'm certainly not coming back while these lunatics run the asylum
ed, melbourne, australia
Mr Mandleson, Gordon Brown and Nu Labour just don't have any financial sense. If all their policies of lower interest rates than inflation, and to get people spending result in people not saving in deposit accounts, the banks will not have any money to lend. Money does not grow on trees.
George, London,
This has always been Labours intent, to nationalise the banks. Would not surprise me if the economy was wrecked on purpose to fulfil this aim. Is this part of some maniacal dream to introduce communism? With the bank profits, the welfare state can be expanded ensuring a huge Labour voting base.
Np, England, UK
All banks should be stripped of their status and nationalised.
I also said a long time ago the banking system should be 'disinvented'.
'bankers' are corrupt, self grasping, greedy and totally self interested.
Get rid of them all. Start again with some more emotional intelligence and compassion.
gordon mann, walton, uk
And so we stroll into a socialist dictatorship!
andy, london,
Brown - call an election and lets us have a vote on your years of incompetence as chancellor. You created this mess and you aren't the one to save us from it.
Alex Wilson, London,
Banks do not lend their money they lend OUR money. And I expect them not to take excessive risks.
The issue is that banks are no longer willing to lend at the required income multiples and high LTVs to support the still overvalued house prices. A significant correction is still required.
Peter MacKay, Burton on Trent, UK
The value of a house is the sum of its parts in bricks,timber,land, plastic and the labour it costs to make it. Any attempt to make it cost more pounds than that (for the average house about £50K) is as doomed as pushing string uphill.
Or else there will be general inflation.
Pedro, Stratford, UK
This is the result of you lending to the bank at guaranteed 12%, drastically cut the opportunity cost for the bank hoarding money by lower Bank rate to 3% and expect banks to lend at a rate much much less than the cost of capital you provided. Lord M, readjust all interest to unblock bank cash
S Yogarajah, Harrow, UK
So, Labour will nationalise all banks if they do not follow government orders. This smacks of the start of totalitarianism; State Banks, state control,5 year plans, all monitored by state bureaucracies.
It's Communism by the back door.
Well done, to Comrades Brown and Mandelson !
R.McGeddon, London, England
Legal action against banks who refuse to resume lending?! Are you having a laugh Mendelson? It is the irresponsible loan and easy credit that leads us into the mess in the first place! Banks forced to loan?! Talk about controlled economy - this has all the showing of a far left government.
Chris, Cambridge,